United States v. Patterson

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice

New York Law Journal

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Judge John Keenan

Pleading guilty, in state court, in 2004 to criminal possession of a weapon, Patterson was sentenced to five years in prison and five years' parole supervision. Parole began Oct. 22, 2010. Patterson's signed parole release certificate stipulated his permission to search and inspect his person, residence and property. Based on information from a confidential witness that he was "showing off…an AK-47" members of the New York Department of Corrections and Community Supervision searched Patterson's residence on Aug. 27, 2012. In addition to recovering a loaded rifle capable of holding 30 bullets—stored in a bag hidden under a bedroom dresser—the search team recovered a shoe box containing 9 millimeter bullets as well as photo identification belonging to Patterson. Discussing United States v. Newton and United States v. Barner, the court denied suppression of the items seized during the warrantless search. In addition to being commenced pursuant to reasonable suspicion that Patterson was engaged in wrongdoing, the search of Patterson's residence was "rationally and reasonably" related to the performance of the parole officers' duties following their receipt of a credible tip that Patterson was in possession of a gun.

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